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APPLICATION OF OTTER TAIL POWER CO.

Civ. No. 10653.

354 N.W.2d 701 (1984)

In the Matter of the Application of OTTER TAIL POWER COMPANY for an Order and Certificate of Public Convenience and Necessity to Provide Electric Service to the Bureau of Indian Affairs, at Belcourt, North Dakota. OTTER TAIL POWER COMPANY, Appellee, v. NORTH DAKOTA PUBLIC SERVICE COMMISSION, and Baker Electric Cooperative, Inc., Appellants.

Supreme Court of North Dakota.

August 20, 1984.

Attorney(s) appearing for the Case

Ackre and Baer, Cando, for appellant, Baker Elec.; argued by Larry M. Baer, Cando.

Jay D. Myster, Fergus Falls, Minn., for appellee Otter Tail Power Co.; argued by Jay D. Myster, Fergus Falls, Minn.

Daniel S. Kuntz, Asst. Atty. Gen., Public Service Com'n, Bismarck, no appearance.

Stephen D. Little, Asst. Atty. Gen., Bismarck, and Ronald A. Hodge, Sp. Asst. Atty. Gen., Bismarck, for State of N.D., on brief only.

PEDERSON, Justice.

In November 1981, Otter Tail Power Company applied to the Public Service Commission (PSC) for authority, pursuant to § 49-03-01.1, NDCC, to extend its electric service about 100 feet to the site of a new Bureau of Indian Affairs (BIA) school building located near Belcourt. The school is not located within the corporate limits of any municipality but is within the boundaries of the Turtle Mountain Indian Reservation. Baker Electric Cooperative...

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